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Last modified
7/12/2021 10:26:16 AM
Creation date
6/18/2018 10:27:33 AM
Metadata
2018-415
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-415
Requesting Party
Bryan Duhon
Decision Date
6/15/2018
Caption
Advisory opinion that a heavy equipment operator of the First Ward Drainage Board of Acadia Parish would be prohibited by La. R.S. 42:1113B of the Code of Governmental Ethics from being appointed as a board member of the Drainage Board while being employed by the Drainage Board.
Ethics Subject Matters
Prohibited Contracts
Public Employee - Definition
Boards and Commissions
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STATE OF LOUISIANA <br /> 'Lop'' DEPARTMENT OF STATE CIVIL SERVICE <br /> P OF ♦'- <br /> ° s'9= <br /> r LOUISIANA BOARD OF ETHICS <br /> .� <br /> P.O.BOX 4368 <br /> BATON ROUGE, LA 70821 <br /> ° (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> June 18, 2018 <br /> Mr. Bryan Duhon <br /> 1296 Texas Avenue <br /> Rayne, LA 70578 <br /> Re: Ethics Board Docket No.2018-415 <br /> Dear Mr. Duhon: <br /> The Louisiana Board of Ethics,at its June 15,2018 meeting,considered your request for an advisory <br /> opinion as to whether the Code of Governmental Ethics would prohibit you from being appointed <br /> to the First Ward Drainage Board of Acadia Parish (Drainage Board) while being employed as a <br /> heavy equipment operator for the Drainage Board. You stated that you have been employed by the <br /> Drainage Board since 2010 as a heavy equipment operator. Your duties include clearing trees and <br /> digging coulees. You stated that you have been asked to be appointed as a board member of the <br /> Drainage Board. <br /> The Board concluded and instructed me to inform you, that the Louisiana Code of Governmental <br /> Ethics(Code)would prohibit you from being appointed as a board member of the Drainage Board <br /> while being employed as a heavy equipment operator of the Drainage Board. La. R.S. 42:1113B <br /> prohibits the appointed member of any board or commission,a member of his immediate family,or <br /> legal entity in which he has a substantial economic interest from bidding on or entering into or being <br /> in any way interested in any contract,subcontract,or other transaction which is under the supervision <br /> or jurisdiction of the agency of such appointed member.As a board member of the Drainage Board <br /> you would be supervising the Drainage Board and all of its employees, therefore the Code would <br /> prohibit you from being a board member and an employee of the Drainage Boardat the same time. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts presented <br /> may result in a different application of the provisions of the Code of Ethics. The Board issues no <br /> opinion as to past conduct or laws other than Code of Governmental Ethics. If you have any <br /> questions, please contact me at(225) 219-5600 or(800) 842-6630. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> Gregor. ¶'hibodeaux <br /> For the Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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